Locker v SAS Trustee Corporation [2013] NSWIRComm 23

Locker v SAS Trustee Corporation [2013] NSWIRComm 23

The applicable law for assessing the appellant’s incapacity is s 10B(2) of the Police Regulation (Superannuation) Act 1906 as it stood at the time of resignation, not at the time of application. The evidence did not establish that at the date of resignation the appellant was incapable by reason of his infirmity of body or mind of discharging the duties of a police prosecutor. Therefore, the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
28 March 2013
Procedural Posture
Superannuation Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['appeal' 'police Regulation Superannuation Act' 'medical Discharge Benefit' 'retrospective Operation of Amendments' 'incapacity Determination']
['employment Law' 'superannuation Law'] ['appeal' 'police Regulation Superannuation Act' 'medical Discharge Benefit' 'retrospective Operation of Amendments' 'incapacity Determination']

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Procedural Posture

Superannuation Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['What version of s 10B(2) of the Police Regulation Superannuation Act 1906 (NSW) is applicable?' 'Whether the operation of the 2007 amendment is retrospective?' 'Whether the appellant was incapable from infirmity of body or mind of discharging the duties of a police prosecutor at the time of his resignation.']

Ratio Decidendi

The applicable law for assessing the appellant’s incapacity is s 10B(2) of the Police Regulation (Superannuation) Act 1906 as it stood at the time of resignation, not at the time of application. The evidence did not establish that at the date of resignation the appellant was incapable by reason of his infirmity of body or mind of discharging the duties of a police prosecutor. Therefore, the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The question of costs is reserved. The parties have liberty to apply, such liberty to be exercised within 28 days of the date of this judgment.']